BILL NUMBER: AB 2135	CHAPTERED  09/19/00

	CHAPTER   502
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   APRIL 13, 2000

INTRODUCED BY   Assembly Member Aroner

                        FEBRUARY 23, 2000

   An act to amend Section 668 of, and to add Section 654.3 to, the
Harbors and Navigation Code, relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2135, Aroner.  Vessels.
   (1) Existing law governs the operation and equipment of vessels
subject to the jurisdiction of this state.
   This bill would require, commencing January 1, 2003,  that any
diesel powered vessel operating exclusively in California, engaged in
the commercial transport of passengers, as specified, use only
diesel fuel formulated as specified.  The bill would make a violation
of this provision an infraction, punishable by a fine of not more
than $500, thereby imposing a state-mandated local program by
creating an infraction.  The bill also would impose a state-mandated
local program by requiring local peace officers and harbor policemen
to enforce that provision.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 654.3 is added to the Harbors and Navigation
Code, to read:
   654.3.  (a) Each diesel powered vessel operating exclusively in
California, engaged in the commercial transport of passengers with
the capacity to transport 75 passengers or more, shall  use only
California diesel fuel formulated as specified in Sections 2281 and
2282 of Title 13 of the California Code of Regulations.
   (b) This section shall become operative on January 1, 2003.
  SEC. 2.  Section 668 of the Harbors and Navigation Code is amended
to read:
   668.  (a) Any person who violates subdivision (c) of Section 652,
Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or
any regulations adopted pursuant thereto, or any regulation adopted
pursuant to Section 655.3 relating to vessel equipment requirements,
is guilty of an infraction, punishable by a fine of not more than two
hundred fifty dollars ($250).
   (b) (1) Any person who violates Section 655.2, or any regulation
adopted pursuant thereto, or, except as provided in subdivision (a),
any regulation adopted pursuant to Section 655.3, is guilty of a
misdemeanor and shall be punished by a fine of not more than one
hundred dollars ($100) or imprisonment in the county jail for not
more than five days, or by both that fine and imprisonment, for each
violation.
   (2) Any person who violates subdivision (a) or (b) of Section 658
is guilty of a misdemeanor and shall be punished by a fine of not
more than two hundred dollars ($200) for each violation.
   (3) Any person who violates subdivision (d) of Section 652,
Section 652.5, subdivision (a) of Section 655, Section 655.05, 656,
or 656.1, subdivision (d) or (e) of Section 658, Section 663.6 or
665, or any rules and regulations adopted pursuant to subdivision (b)
or (c) of Section 660, is guilty of a misdemeanor and shall be
punished by a fine of not more than one thousand dollars ($1,000) or
imprisonment in the county jail for not more than six months, or by
both that fine and imprisonment, for each violation.
   (c) (1) Any person convicted of a violation of Section 656.2 or
656.3 shall be punished by a fine of not less than one thousand
dollars ($1,000) or more than ten thousand dollars ($10,000), or by
imprisonment in the state prison or in the county jail for not more
than one year, or by both that fine and imprisonment.
   (2) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interest of justice for reasons stated in the
record, may reduce the amount of that minimum fine to less than the
amount otherwise required by this subdivision.
   (d) Any person convicted of a violation of Section 658.5 shall be
punished by a fine of not more than one hundred dollars ($100).
   (e) Any person convicted of a first violation of subdivision (b),
(c), (d), or (e) of Section 655, or of a violation of Section 655.4,
shall be punished by a fine of not more than one thousand dollars
($1,000) or imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment.  If probation is
granted, the court, as a condition of probation, may require the
person to participate in, and successfully complete, an alcohol or
drug education, training, or treatment program, in addition to
imposing any penalties required by this code.  In order to enable all
persons to participate in licensed programs, every person referred
to a program licensed pursuant to Section 11836 of the Health and
Safety Code shall pay that program's costs commensurate with that
person's ability to pay as determined by Section 11837.4 of the
Health and Safety Code.
   (f) Any person convicted of a second or subsequent violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of the first conviction of any of those subdivisions or subdivision
(f) of Section 655, or any person convicted of a violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of a separate conviction of Section 191.5 or subdivision (c) of
Section 192.5 of the Penal Code, when the separate conviction
resulted from the operation of a vessel, or a separate conviction of
Section 23152 or 23153 of the Vehicle Code or of Section 191.5 or
paragraph (3) of subdivision (c) of Section 192 of the Penal Code,
when the separate conviction resulted from the operation of  a motor
vehicle, shall be punished by a fine of not more than one thousand
dollars ($1,000) or imprisonment in the county jail for not more than
one year, or by both that fine and imprisonment.  If probation is
granted, the court, as a condition of probation, may require the
person to do either of the following, if available in the county of
the person's residence or employment:
   (1) Participate, for at least 18 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, as
designated by the court.  In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.
   (2) Participate, for at least 30 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code.  A
person ordered to treatment pursuant to this paragraph shall apply to
the court or to a board of review, as designated by the court, at
the conclusion of the program to obtain the court's order of
satisfaction.  Only upon the granting of that order of satisfaction
by the court may the program issue its certificate of successful
completion.  A failure to obtain an order of satisfaction at the
conclusion of the program is a violation of probation.  In order to
enable all required persons to participate, each person shall pay the
program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.
  No condition of probation required pursuant to this paragraph is a
basis for reducing any other probation requirement.
   (g) Any person convicted of a violation of subdivision (f) of
Section 655 shall be punished by imprisonment in the state prison, or
in the county jail for not less than 90 days or more than one year,
and by a fine of not less than two hundred fifty dollars ($250) or
more than five thousand dollars ($5,000).  If probation is granted,
the court, as a condition of probation, may require the person to
participate in, and successfully complete, a program licensed
pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code, if available in the
person's county of residence or employment, as designated by the
court.  In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code.
   (h) (1) If any person is convicted of a violation of subdivision
(f) of Section 655 within seven years of a separate conviction of a
violation of subdivision (b), (c), (d), or (e) of Section 655 and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than
five days or more than one year and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000).
   (2) If any person is convicted of a violation of subdivision (f)
of Section 655 within seven years of a separate conviction of a
violation of subdivision (f) of Section 655, of Section 191.5 or
subdivision (c) of Section 192.5 of the Penal Code, when the prior
conviction resulted from the operation of a vessel, or Section 23152
or 23153 of the Vehicle Code or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, when the separate
conviction resulted from the operation of a motor vehicle, and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than 90
days or more than one year, and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000), and the court, as a condition of probation, may order that
the person participate in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, if
available in the county of the person's residence or employment.  In
order to enable all required persons to participate, each person
shall pay the program costs commensurate with the person's ability to
pay as determined pursuant to Section 11837.4 of the Health and
Safety Code.
   (i) The court shall not absolve a person who is convicted of a
violation of subdivision (f) of Section 655 within seven years of a
separate conviction of a violation of subdivision (b), (c), (d), (e),
or (f) of Section 655, of Section 191.5 or subdivision (c) of
Section 192.5 of the Penal Code, when the separate conviction
resulted from the operation of a vessel, or Section 23152 or 23153 of
the Vehicle Code or Section 191.5 or paragraph (3) of subdivision
(c) of Section 192 of the Penal Code, when the separate conviction
resulted from the operation of a motor vehicle, from the minimum time
in confinement provided in this section and a fine of at least two
hundred fifty dollars ($250), except as provided in subdivision (h).

   (j) Except in unusual cases where the interests of justice demand
an exception, the court shall not strike a separate conviction of an
offense under subdivision (b), (c), (d), (e), or (f) of Section 655
or of Section 191.5 or subdivision (c) of Section 192.5 of the Penal
Code, when the prior conviction resulted from the operation of a
vessel, or Section 23152 or 23153 of the Vehicle Code or Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, when the separate conviction resulted from the operation of a
motor vehicle, for purposes of sentencing in order to avoid imposing,
as part of the sentence or as a term of probation, the minimum time
in confinement and the minimum fine, as provided in this section.
When a separate conviction is stricken by the court for purposes of
sentencing, the court shall specify the reason or reasons for the
striking order.  On appeal by the people from an order striking a
separate conviction, it shall be conclusively presumed that the order
was made only for the reasons specified in the order, and the order
shall be reversed if there is no substantial basis in the record for
any of those reasons.
   (k) A person who flees the scene of the crime after committing a
violation of Section 191.5, paragraph (1) or (3) of subdivision (c)
of Section 192, or subdivision (a) or (c) of Section 192.5 of the
Penal Code shall be subject to subdivision (c) of Section 20001 of
the Vehicle Code.
   (l) Any person who violates Section 654.3 is guilty of an
infraction punishable by a fine of not more than five hundred dollars
($500) for each separate violation.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs  that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
